LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

FIFTH SESSION OF THE FORTY-SEVENTH PARLIAMENT

________________

 

3 August 1993 to 4 November 1993

________________

 

 


TABLE OF CONTENTS
___________

 

Members of the Legislative Council

Officers of the Legislative Council

Committees

 

Standing Committees -

   

Environment, Resources and Development Committee
Legislative Review Committee
Social Development Committee

 

Joint Committees -

   

Joint Parliamentary Service Committee
Joint Committee on Parliamentary Privilege

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on the Redevelopment of the Marineland Complex and Related Matters
Select Committee on the Circumstances related to the Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters
Select Committee on the Penal System in South Australia
Select Committee on the Control and Illegal Use of Drugs of Dependence
Select Committee on Review of Certain Statutory Authorities
Select Committee on the Extent of Gambling Addiction and Effects of Gaming Machines
Select Committee on Country Rail Services in South Australia
Select Committee on Southern Power and Water Bill and Related Matters
Select Committee on Prince Alfred Shipwrecked Mariners Fund (Transfer and Revocation of Trusts) Bill

List of Bills considered by Legislative Council

 

Total Number of Bills considered by Legislative Council
Total Number of Bills passed by both Houses
Bills considered by Legislative Council which have not passed both Houses

Sittings of Council

List of Bills which passed both Houses of Parliament

 

Bills originated in Legislative Council
Bills originated in House of Assembly
Restored Bills - in Legislative Council

List of Bills introduced in and amended by Legislative Council

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions

 

Address-in-Reply
Government Motions
Motions on LC Select Committees
Motions on Joint Committees
Motions for Disallowance of Regulations, Rules and By-laws
Private Membersí Motions

Petitions

Synopsis of Legislation

 

 


MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

The Hon. Gordon Lindsay BRUCE. (President of the Legislative Council)

The Hon. John Charles BURDETT, LL.B..

The Hon. Trevor CROTHERS

The Hon. Legh Hewitson DAVIS, LL.B., B.Ec., A.A.S.A.

The Hon. Henry Peter Kestel DUNN, R.D.A.

The Hon. Michael John ELLIOTT, B.Sc., Grad.Dip.T.

The Hon. Mario Severino FELEPPA

The Hon. Ian GILFILLAN

The Hon. Kenneth Trevor GRIFFIN, LL.M.

The Hon. James Campbell IRWIN

The Hon. Diana Vivienne LAIDLAW, B.A.

The Hon. Judith Anne Winstanley LEVY, M.Sc. (Minister for the Arts and Cultural Heritage, Minister of Consumer Affairs, Minister for the Status of Women)

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A.

The Hon. Bernice Swee Lian PFITZNER, M.B.B.S., M.D.

The Hon. Carolyn Ann PICKLES, J.P.

*The Hon. Robert John RITSON, M.B., B.S.

The Hon. Ronald Roy ROBERTS

The Hon. Terance Gerald ROBERTS

ÜThe Hon. Caroline Veronica SCHAEFER

The Hon. Julian Ferdinand STEFANI, O.A.M.

The Hon. Christopher John SUMNER, B.A., LL.B., Grad.Dip.Arts (Attorney-General, Minister of Public Sector Reform, Minister for Crime Prevention)

The Hon. George WEATHERILL

The Hon. Barbara Jean WIESE (Minister of Transport Development)

*Resigned 28 July 1993
ÜElected 3 August 1993

 

 

 


OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

PRESIDENT

 

The Hon. Gordon Lindsay BRUCE

CLERK OF THE LEGISLATIVE COUNCIL

 

Mrs. Janice M. DAVIS, B.A.(Juris.)

DEPUTY CLERK AND USHER OF THE BLACK ROD

 

Mr. Trevor R. BLOWES, B.A.

CLERK-ASSISTANT

 

Mr. Christopher D. SCHWARZ, B.A.(Comm.)

PARLIAMENTARY OFFICER

 

Mr Paul D. TIERNEY, B.A.

 

 


COMMITTEES
___________

 

COMMITTEES APPOINTED UNDER
PARLIAMENTARY COMMITTEES ACT 1991
INCLUSIVE OF LEGISLATIVE COUNCIL MEMBERS
___________

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 11/12 February 1992

   

The Hon HPK Dunn MLC
The Hon M J Elliott MLC
The Hon T G Roberts MLC

The Hon P B Arnold MP
Mr M R DeLaine MP
The Hon T H Hemmings MP

Committee Secretary: Mr. A. Murphy

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 11/12 February 1992

   

The Hon J C Burdett MLC
The Hon M S Feleppa MLC
The Hon G Weatherill MLC

Mr G M Gunn MP
Mr CDT McKee MP
Mr E J Meier MP

Committee Secretary: Mr. D. Pegram, B.A.

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 11/12 February 1992

   

The Hon L H Davis MLC
The Hon I Gilfillan MLC
The Hon C A Pickles MLC

**Mr M J Atkinson MP
*Mrs D C Kotz MP
**Mr V S Heron MP

*Appointed 6 August 1992
**Appointed 7 October 1992
Committee Secretary: Ms. V. Evans, B.A.(Hons.)

 
 
 

JOINT COMMITTEES
___________

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 13 February 1990

   

The President (The Hon G L Bruce MLC)
The Hon T Crothers MLC
The Hon J C Irwin MLC

The Speaker (The Hon N T Peterson MP)
Mr M R DeLaine MP
Mr I P Lewis MP

 

JOINT COMMITTEE ON PARLIAMENTARY PRIVILEGE

 

Appointed 6 September 1990

   

The President (The Hon G L Bruce MLC)
The Hon M J Elliott MLC
The Hon K T Griffin MLC

The Speaker (The Hon N T Peterson MP)
The Hon B C Eastick MP
Mr T R Groom MP

 
 
 

SESSIONAL COMMITTEES
___________

 

STANDING ORDERS COMMITTEE

 

Appointed 6 August 1992

   

The President (The Hon G L Bruce MLC)
The Hon K T Griffin MLC
The Hon R I Lucas MLC

The Hon R R Roberts MLC
The Hon C J Sumner MLC (Attorney-General)

 

PRINTING COMMITTEE

 

Appointed 6 August 1992

   

The Hon HPK Dunn MLC
The Hon M S Feleppa MLC
The Hon R J Ritson MLC

The Hon R R Roberts MLC
The Hon T G Roberts MLC

 
 
 

SELECT COMMITTEES
___________

 

REDEVELOPMENT OF THE MARINELAND COMPLEX AND RELATED MATTERS

 

Appointed 21 March 1990

   

The Hon JAW Levy MLC (Minister for
the Arts and Cultural Heritage
The Hon J C Burdett MLC

The Hon T Crothers MLC
The Hon I Gilfillan MLC
The Hon R I Lucas MLC

 

CIRCUMSTANCES RELATED TO THE STIRLING COUNCIL PERTAINING TO AND ARISING FROM THE ASH WEDNESDAY 1980 BUSHFIRES AND RELATED MATTERS

 

Appointed 5 September 1990

   

The Hon JAW Levy MLC (Minister for
the Arts and Cultural Heritage
The Hon T Crothers MLC

The Hon I Gilfillan MLC
The Hon K T Griffin MLC
The Hon J F Stefani MLC

 

THE PENAL SYSTEM IN SOUTH AUSTRALIA

 

Appointed 19 October 1990

   

The Hon I Gilfillan MLC
The Hon J C Irwin MLC
**The Hon R J Ritson MLC

The Hon R R Roberts MLC
*The Hon C V Schaefer MLC
The Hon G Weatherill MLC

*Appointed 4 August 1993
**Resigned 28 July 1993

 

THE CONTROL AND ILLEGAL USE OF DRUGS OF DEPENDENCE

 

Appointed 10 April 1991

   

*The Hon HPK Dunn MLC
The Hon M J Elliott MLC
The Hon BSL Pfitzner MLC

The Hon C A Pickles MLC
**The Hon R J Ritson MLC
The Hon G Weatherill MLC

*Appointed 4 August 1993
**Resigned 28 July 1993

 

REVIEW OF CERTAIN STATUTORY AUTHORITIES

 

Appointed 29 April 1992

   

The Hon T Crothers MLC
The Hon L H Davis MLC
The Hon MJ Elliott MLC

The Hon R I Lucas MLC
The Hon T G Roberts MLC

 

THE EXTENT OF GAMBLING ADDICTION AND EFFECTS OF GAMING MACHINES

 

Appointed 7 May 1992

   

The Hon J C Burdett MLC
The Hon T Crothers MLC

The Hon BSL Pfitzner MLC
The Hon C A Pickles MLC

 

COUNTRY RAIL SERVICES IN SOUTH AUSTRALIA

 

Appointed 17 October 1990

   

The Hon HPK Dunn MLC
The Hon I Gilfillan MLC
The Hon D V Laidlaw MLC

The Hon R R Roberts MLC
The Hon G Weatherill MLC

*Reported on 6 October 1993

 

SOUTHERN POWER AND WATER BILL AND RELATED MATTERS

 

Appointed 9 September 1993

   

The Hon JAW Levy MLC (Minister for
the Arts and Cultural Heritage
The Hon J C Burdett MLC

The Hon HPK Dunn MLC
The Hon T G Roberts MLC

 

PRINCE ALFRED SHIPWRECKED MARINERS FUND (TRANSFER AND REVOCATION OF TRUSTS) BILL

 

Appointed 19 October 1993

   

The Hon JAW Levy MLC (Minister for
the Arts and Cultural Heritage
The Hon L H Davis MLC

The Hon M J Elliott MLC
The Hon. R I Lucas MLC
The Hon T G Roberts MLC

*Reported on 21 October 1993

 

 


LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

 

20

 

House of Assembly origin

 

19

 

Bills restored -

 
   

In Legislative Council -

 
     

Consent to Medical Treatment and Palliative Care Bill
Correctional Services (Control of Prisoners Spending) Amendment Bill
Employment Agents Registration Bill
Local Government (Voting at Meetings) Amendment Bill
Murray-Darling Basin Bill
Tobacco Products Control (Miscellaneous) Amendment Bill

 

1
1
1
1
1
1






6

 

Bill Divided -

 
   

Statutes Amendment (Attorney-Generalís Portfolio No. 2) Bill

1

     

46

 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

12

 
 

House of Assembly origin

14

 
 

Bills Restored

5

31

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Administrative Arrangements Bill - lapsed in Council.
Craigburn (Acquisition) Bill - lapsed in Council.
Constitution (Parliamentary Terms) Amendment Bill - lapsed in Council.
Criminal Law Consolidation (Child Sexual Abuse) Amendment Bill - lapsed in Council.
Criminal Law Consolidation (Stalking) Amendment Bill - lapsed in Council.
Electoral (Political Contributions and Electoral Expenditure) Bill - lapsed in Council.
Evidence (Protection of Confidential Information) Amendment Bill - lapsed in Council.
Pollution of Waters by Oil and Noxious Substances (Consistency with Commonwealth) Amendment Bill - lapsed in Council.
Statutes Amendment (Attorney-Generalís Portfolio No. 2) Bill (No. 2) - lapsed in Council.
Statutes Repeal (Incorporation of Ministers) Bill - lapsed in Council (Divided Bill)

 

House of Assembly origin:

 

Electricians, Plumbers and Gas Fitters Licensing Bill - Referred to Select Committee on Southern Power and Water Bill and Related Matters.
Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) (Charges on Licences) Amendment Bill - negatived in Council.
South Australian Health Commission (Medicare Principles) Amendment Bill - lapsed in Council.
Southern Power and Water Bill - Referred to Select Committee on Southern Power and Water Bill and Related Matters.
Statutes Amendment and Repeal (Power and Water) Bill - Referred to Select Committee on Southern Power and Water Bill and Related Matters.

 

Restored Bill in Leislative Council:

 

Consent to Medical Treatment and Palliative Care Bill - lapsed in Council.

 

 


SITTINGS OF COUNCIL
___________

 

The Council met on 24 days and sat for a total number of 146 hours 15 minutes.

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Classification of Films for Public Exhibition (Arrangements with Commonwealth) Amendment


15


83

Classification of Publications (Arrangements with Commonwealth)

16

84

Environment Protection (Sea Dumping) (Consistency with Commonealth Act) Amendment


6


74

Motor Vehicles (Driving Whilst Disqualified - Penalties) Amendment

7

73

Prince Alfred Shipwrecked Mariners Fund (Transfer and Revocation of Trusts)


37


80

Residential Tenancies (Housing Trust) Amendment

25, 25A

78

Road Traffic (Breath Analysis) Amendment

14, 14A

86

South Australian Film Corporation (Administration) Amendment

26

79

Statutes Amendment (Abolition of Compulsory Retirement)

3, 3A

75

Statutes Amendment (Attorney-Generalís Portfolio No. 2)

28, 28A

92

Statutes Amendment (Landlord and Tenant)

38

81

Statutes Repeal and Amendment (Places of Public Entertainment)

12

87

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Appropriation

27

85

Childrenís Protection

32, 32A

93

Community Welfare (Children) Amendment

33

95

Environment Protection

18, 18A

76

Fisheries (Research & Development Fund) Amendment - Assented to as Fisheries (R & D Fund and Other) Amendment


21, 21A


89

Holidays (Proclamation Day, Australia Day and Bank Holidays) Amendment

39

88

Land Tax (Rates) Amendment

29

77

Mutual Recognition (South Australia)

19, 19A

72

Parks Community Centre (Repeal and Vesting)

46

91

Petroleum (Pipeline Licences) Amendment

40

82

State Bank of South Australia (Preparation for Restructuring) Amendment - Assented to as State Bank of South Australia (Investigatorís Records and Preparation for Restructuring) Amendment



20, 20A



70

State Lotteries (Instant Lotteries) Amendment

41

90

Statutes Repeal and Amendment (Childrenís Protection and Young Offenders)


34


94

Supply (No. 2)

17

68

 

RESTORED BILLS - in Legislative Council

 

Bill No.

Act No.

Correctional Services (Control of Prisonersí Spending) Amendment

5

65

Employment Agents Registration

4, 4A

69

Local Government (Voting at Meetings) Amendment

11

66

Murray-Darling Basin

10

67

Tobacco Products Control (Miscellaneous) Amendment

9

71

 

 


LIST OF BILLS INTRODUCED IN AND
AMENDED BY LEGISLATIVE COUNCIL

___________

 


TITLE OF BILL

NO. OF AMENDMENTS
MADE BY
LEGISLATIVE COUNCIL

Residential Tenancies (Housing Trust) Amendment

1

Road Traffic (Breath Analysis) Amendment

2

Statutes Amendment (Abolition of Compulsory Retirement)

6

Statutes Amendment (Attorney-Generalís Portfolio No. 2)

2

 

 


LIST OF HOUSE OF ASSEMBLY BILLS
AMENDED BY LEGISLATIVE COUNCIL

___________

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
agreed to by
by H.A.

No. of
Amendments
disagreed to
by H.A.

No. of
Amendments
not insisted
on by L.C.

No. of
Amendments
insisted on
by L.C.


Conference/
Resolution

Childrenís Protection

26

-

26

5

21

Agreement
Reached

Employment Agents Registration

2

2

-

-

-

-

Environment Protection

38

36

2

2

-

-

Fisheries (Research and Development Fund) Amendment

6

6

-

-

-

-

Mutual Recognition

8

8

-

-

-

-

State Bank of South Australia(Preparation for Restructuring) Amendment

6

6

-

-

-

-

 

 


SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon. C. A. Pickles, 4 August, 1993.
Seconded by The Hon. M. S. Feleppa, 4 August, 1993.
Adopted and presented to Her Excellency the Governor on 24 August, 1993.

 

GOVERNMENT MOTIONS -

 

Code of Conduct for Members of Parliament - Referral to Legislative Review Committee -

   

Moved by the Attorney-General, 12 October 1993. (Motion lapsed due to prorogation.)

 

SELECT COMMITTEES - COUNCIL -

 

Circumstances Related to The Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters

   

Power to sit during present Session - moved by the Minister for the Arts and Cultural Heritage and agreed to, 3 August 1993.

   

Extension of Time for bringing up Report - moved by the Minister for the Arts and Cultural Heritage and agreed to, 20 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Control and Illegal Use of Drugs of Dependence

   

Power to sit during present Session - moved by The Hon. C. A. Pickles and agreed to, 3 August 1993.

   

Extension of Time for bringing up Report - moved by The Hon. C. A. Pickles and agreed to, 20 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Country Rail Services in South Australia

   

Power to sit during present Session - moved by The Hon. G. Weatherill and agreed to, 3 August 1993.

   

Report brought up, 6 October 1993.

 

Extent of Gambling Addiction and Effects of Gaming Machines

   

Power to sit during present Session - moved by The Hon. T. Crothers and agreed to, 3 August 1993.

   

Extension of Time for bringing up Report - moved by The Hon. T. Crothers and agreed to, 20 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Penal System in South Australia

   

Power to sit during present Session - moved by The Hon. I. Gilfillan and agreed to, 3 August 1993.

   

Extension of Time for bringing up Report - moved by The Hon. I. Gilfillan and agreed to, 20 October 1993.

   

Interim Report brought up, 21 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Redevelopment of the Marineland Complex and Related Matters -

   

Power to sit during present Session - moved by the Minister for the Arts and Cultural Heritage and agreed to, 3 August 1993.

   

Extension of Time for bringing up Report - moved by the Minister for the Arts and Cultural Heritage and agreed to, 20 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Review of Certain Statutory Authorities

   

Power to sit during present Session - moved by The Hon. T. G. Roberts and agreed to, 3 August 1993.

   

Extension of Time for bringing up Report - moved by The Hon. T. G. Roberts and agreed to, 20 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Southern Power and Water Bill and Related Matters

   

Appointed, 9 September 1993.

   

Extension of Time for bringing up Report - moved by the Minister for the Arts and Cultural Heritage and agreed to, 20 October 1993.

   

Select Committee unable to proceed due to prorogation of the Parliament.

 

Prince Alfred Shipwrecked Mariners Fund (Transfer and Revocation of Trusts) Bill

   

Appointed, 19 October 1993.

   

Report brought up, 21 October 1993.

 

COMMITTEES - JOINT -

 

Parliamentary Privilege -

   

Power for Council Members to act on Joint Committee during present Session - Moved by the Attorney-General, 4 August 1993.

   

Joint Committee unable to proceed due to prorogation of the Parliament.

 

MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS -

 

Moved by Member on own behalf -

   

Government Management and Employment Act - Various Regulations -
Moved by The Hon. R. I. Lucas, 4 August 1993 and agreed to, 8 September 1993.

   

Criminal Injuries Compensation Act - Crown Solicitor Notification -
Moved by The Hon. I. Gilfillan, 20 October 1993. (Motion lapsed due to prorogation.)

 

Moved by Member on behalf of Legislative Review Committee -

   

Government Management and Employment Act - Promotion Appeals Level -
Moved by The Hon. M. S. Feleppa, 21 October 1993 and agreed to, 21 October 1993.

 

PRIVATE MEMBERSí MOTIONS -

 

Country Rail Services in South Australia - Report of Select Committee - Noting of -

   

Moved by The Hon. G. Weatherill, 13 October 1993, and agreed to, 20 October 1993.

 

Environment, Resources and Development Committee - First Annual Report - Noting of -

   

Moved by The Hon. T. G. Roberts, 11 August 1993, and agreed to, 18 August 1993.

 

Environment, Resources and Development Committee - Seventh Report - Noting of -

   

Moved by The Hon. T. G. Roberts, 6 October 1993. (Motion lapsed due to prorogation.)

 

Legislative Review Committee - Final Report on an Inquiry into Matters pertinent to South Australians being able to obtain adequate, appropriate and affordable Justice in and through the Courts System - noting of.

   

Moved by The Hon. M. S. Feleppa, 20 October 1993. (Motion lapsed due to prorogation.)

 

Minister of Health, Report on the care of the dying in South Australia - Concurrence with House of Assembly Resolution.

   

Message No 43 from House of Assembly, dated 2 November 1993, Moved by the Attorney-General, and agreed to, 2 November 1993.

 

Penal System in South Australia - Interim Report of Select Committee - Noting of -

   

Moved by The Hon. I. Gilfillan, 21 October 1993. (Motion lapsed due to prorogation.)

 

Price of Leaded and Unleaded Petrol -

   

Moved by The Hon. D. V. Laidlaw, 11 August 1993, amendment moved by The Hon. R. I. Lucas, 18 August 1993, amendment moved by The Hon. I. Gilfillan to the motion and to the amendment moved by The Hon. R. I. Lucas, 25 August 1993, amendment moved by The Hon. R. R. Roberts, 8 September 1993; amendment moved by The Hon. R. I. Lucas as amended by The Hon. I. Gilfillan agreed to, amendment of The Hon. I. Gilfillan agreed to, amendment of The Hon. R. R. Roberts agreed to and motion as amended, agreed to 8 September 1993.

 

Proposed MMR (Measles, Mumps, Rubella) Immunization Booster Programme -

   

Moved by The Hon. B.S.L. Pfitzner, 8 September 1993. (Motion lapsed due to prorogation.)

 

Senate Select Committee - Requests for Attendance of Witnesses -

   

Moved by The Hon. I. Gilfillan, 13 October 1993. (Motion lapsed due to prorogation.)

 

Social Development Committee - Report - "AIDS - Risks, Rights and Myths" - Noting of -

   

Moved by The Hon. C. A. Pickles, 13, 20 October 1993. (Motion lapsed due to prorogation.)

 

Social Security and Veterans Affairs Legislation - Federal Parliamentís amendments to -

   

Moved by The Hon. L. H. Davis, 18 August 1993, amendments moved by The Hon. I. Gilfillan, 18 August 1993 and The Hon. C. A. Pickles, 25 August 1993, amendments agreed and disagreed to, motion as amended, agreed to 25 August 1993.

 

 


PETITIONS
___________

 

CITIZENSí INITIATED REFERENDA

 

Praying that the Council will call upon the Government to hold a Referendum on Citizens Initiated Referenda, in conjunction with the next SA Local Government elections, as a means of determining the will of all South Australians in this matter.

   

Presented by The Hon. R. I. Lucas, 7 October 1993, 844 signatures.
Presented by The Hon. C. J. Sumner, 21 October 1993, 847 signatures.

 

HOMOSEXUAL VILIFICATION LEGISLATION

 

Praying that the Council will, as a conscience issue, reject, if presented in South Australia, all so-called homosexual vilification legislation which would give a small minority homosexual group special privileges and legal rights not afforded to other citizens. Homosexuals, like all other citizens, should simply avail themselves of the existing protection of the law against any violent threats or violent acts, so that all citizens of South Australia can continue to be equal under the law.

   

Presented by The Hon. B.S.L. Pfitzner, 19 August 1993, 41 signatures.

MENTAL HEALTH SERVICES

 

Praying that the Council will examine the existing services to assess whether they meet the mental health needs of migrant and refugee users by:-

 

1.

examining participation rates;

 

2.

assessing the appropriateness of these services culturally and linguistically;

 

3.

identifying what is not there that should be there.

   

Presented by The Hon. B.S.L. Pfitzner, 5 August 1993, 37 signatures.

PLIGHT OF MR. JOHN DeCORSO AND FAMILY

 

Praying that the Council will promptly consider this awful state of affairs and bring it to a satisfactory conclusion - that is, the E&WS pay in full to Mr. DeCorso and family the cost of rebuilding and furnishing a home to the standard of the one which was almost demolished.

   

Presented by The Hon. J. F. Stefani, 7 October 1993, 969 signatures.

STATEMENTS BY JUDGES IN SEXUAL ASSAULT CASES

 

Praying that this Council will ensure that selection criteria for the appointment of Judges include:-

 

1.

knowledge of the pressures experienced by most people in their daily lives, however different those lives might be from that of a Judge;

 

2.

a good understanding of current desirable community values, attitudes and standards;

 

3.

a strong commitment to the principle of real equality before the Courts and the need for judicial intervention to enforce it.

   

Presented by The Hon. I. Gilfillan, 21 October 1993, 2195 signatures.

 

 


SYNOPSIS OF LEGISLATION
___________

 

ADMINISTRATIVE ARRANGEMENTS BILL

 

The current Administration of Acts Act, 1910 provides a legislative mechanism for effecting variations in the administrative arrangements of Executive Government.

 

The Act provides that the Governor may, by proclamation, commit the administration of an Act to a Minister or confer on a Minister a Ministerial power or function. When an Act provides that a specified Minister shall hold an office, the Governor may, by proclamation, declare that the office is to be held by some other Minister. The Governor may also by proclamation, constitute a Minister, a body corporate and may dissolve such a body corporate and declare that its assets and liabilities are to become assets and liabilities of another Minister as officer. Under the Act, a Minister may also delegate any of his or her statutory powers or functions to any other Ministers.

 

In October, 1992, the Government made a number of Ministerial changes requiring the making of proclamations by the Governor. Due to time constraints at that time and a lack of a readily accessible body of information, a number of the proclamations made by the Governor where wholly or partly invalid or inappropriate. Also the provisions of the Act were found to be inadequate and to require complex proclamations to achieve simple objectives.

 

A working group was established and it was agreed that there was a need for a comprehensive and accurate database of information detailing, among other things, the number and names of administrative units and statutory authorities and the Ministers to whom they are responsible and the Acts for which each Minister is responsible.

 

The need to allow for transfer of all or some of the assets, rights and liabilities of a body corporate constituted of a Minister, to the Crown or another body corporate that is an agent or instrumentality of the Crown was identified.

 

It was also considered that a delegation of functions and powers by a Minister to another Minister or other person should remain effective after the primary powers and functions have been transferred to another Minister, until varied or revoked.

 

Further, a reference in an Act, an agreement or contract or any other document to a Minister, officer or Government department should be able to be read as if it were a reference to a new Minister etc as specified by the Governor by proclamation.

 

This Bill repeals the existing Act and includes relevant provisions from the Act as well as many of the recommendations of the working group.

   

(October 20 - Lapsed due to Prorogation)

 

CLASSIFICATION OF FILMS FOR PUBLIC EXHIBITION (ARRANGEMENTS WITH COMMON-WEALTH) AMENDMENT BILL

 

The current Act provides that a film must be classified under a corresponding law or by the Minister. The Bill removes this mechanism for automatic classification under a corresponding law and instead provides for classification by the Commonwealth pursuant to an arrangement.

 

The Act has been amended to empower the Chief Censor to classify films, videos and publications on behalf of South Australia and to collect fees in respect of that service.

 

Prior to amendment of the Act, the offence to exhibit a film classified "MA" was included in the Regulations made under the Act. The opportunity has been taken to include the offence in the Act and to increase the penalty to $500, in line with the penalty attached to exhibiting an "R" classified film to a person under 18 years of age.

   

(August 1, September 7, October 21 - Act No. 83 of 1993)

 

CLASSIFICATION OF PUBLICATIONS (ARRANGEMENTS WITH COMMONWEALTH) AMENDMENT BILL

 

This Bill provides for an arrangement whereby the Commonwealth classifies publications on behalf of the State and collects fees on behalf of all States and Territories. The State Board may override a classification assigned by the Commonwealth.

 

The current Act provides that if a publication is classified under a corresponding law it will be deemed to have been classified by the Board. The Bill removes this mechanism for automatic classification under a corresponding law and instead provides for classification by the Commonwealth pursuant to the abovementioned arrangement.

   

(August 18, September 7, 8, October 21 - Act No. 84 of 1993)

 

CONSTITUTION (PARLIAMENTARY TERMS) AMENDMENT BILL

 

This Bill seeks to achieve two things, the first of which is to determine the date of the next State election, i.e. 27 November. Secondly, the Bill seeks to establish set election dates every four years.

   

(August 4 - Lapsed due to Prorogation)

 

CRAIGBURN (ACQUISITION) BILL

 

This Bill allows the Mitcham Corporation to acquire the whole or any part of the subject land by agreement or compulsorily under the Land Acquisition Act.

 

The land known as Craigburn Farm is presently owned by Minda and straddles both sides of Sturt Creek. Much of the land south of Sturt Creek was developed well over a decade ago by consent from the Government and most local people at the time had an understanding that the land north of the creek was not going to be developed. Subsequently, Minda wished to further develop the land.

 

If the Mitcham Council or the Craigburn Trust can find money to purchase some of the land to increase open space, they will now be in a position to acquire those parts that they wish to keep in that way.

   

(August 4 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (CHILD SEXUAL ABUSE) AMENDMENT BILL

 

In 1989, the High Court decided the case of S. The accused was charged with three counts of incest with his daughter. She gave evidence that he had engaged in a course of conduct of sexual abuse from the time she turned 9 or 10 to the time she was 17. This amounted to an allegation of sexual abuse between about 1975 and 1983. Her evidence was that sexual intercourse began when she was 14 (1979) and took place "every couple of months for a year". The charges specified intercourse on a date unknown between 1 January 1980 and 31 December 1980; 1 January 1981 and 31 December 1981; and 8 November 1981 and 8 November 1982 (respectively). A defence request for particulars was refused and the trial judge declined to make any order. On appeal from conviction, the High Court ordered a new trial.

 

The decision of the High Court poses great difficulty in charging defendants where the allegations involve a long period of multiple offending. In some cases, like S, the child - or the adult recalling events which took place when he or she was a child - cannot specify particular dates or occasions when the offence is alleged to have taken place. The result is that defendants are being acquitted even where juries clearly indicate that they accept the evidence that abuse took place at some time.

 

The essence of the legislation is the creation of a new offence of having sexual relationship with a child. The offence is proved by proving that the defendant commits a sexual offence against a child on three or more separate occasions. It is provided that "...it is not necessary to specify the dates, or in any other way to particularise the circumstances, of the alleged acts".

   

(October 13 - Lapsed due to Prorogation)

 

CRIMINAL LAW CONSOLIDATION (STALKING) AMENDMENT BILL

 

This Bill inserts a provision in the Criminal Law Consolidation Act providing that a person stalks another if, on at least at two separate occasions, the person -

 

ē
ē

ē
ē
ē
ē

follows the other person; or
loiters outside the place of residence of the other person or some other place frequented by the other person; or
enters property of the other person;
keeps the other person under surveillance; or
acts in any other way that could reasonably be expected to arouse the other personís apprehension or fear;

 

and the person intends to cause serious physical or mental harm to the other person or intends to cause serious apprehension or fear.

 

The penalty for a person found guilty of the offence of stalking differs according to the circumstances surrounding the commission of the offence. If the offenderís conduct contravened an injunction or an order imposed by a court, or the offender was (on any occasion to which the charge relates) in possession of an offensive weapon, the penalty is imprisonment for not more than five years. In any other circumstances the penalty is imprisonment for not more than three years.

 

Subject to one exception, a person may not be charged (either in the same or in different instruments of charge) with stalking and some other offence arising out of the same set of circumstances, and involving a physical element that is common to the charge of stalking. The exception to this rule is that a person may be charged, in the alternative, with stalking and offensive behaviour contrary to section 7 of the Summary Offences Act 1953.

   

(October 13 - Lapsed due to Prorogation)

 

ELECTORAL (POLITICAL CONTRIBUTIONS AND ELECTORAL EXPENDITURE) BILL

 

The Bill seeks to ensure that there is full public accountability for and by those people and organisations who are involved in elections for the South Australian Parliament. The obligations of the Bill fall equally on political parties (registered or otherwise), on candidates, on groups, on individuals, on publishers, on broadcasters, on Government departments and on any organisation which participates in or seeks to influence the outcome of a State election.

   

(October 20 - Lapsed due to Prorogation)

 

ENVIRONMENT PROTECTION (SEA DUMPING) (CONSISTENCY WITH COMMONWEALTH ACT) AMENDMENT BILL

 

The Commonwealth Government is a signatory to the 1972 International Convention on the Dumping of Wastes at Sea. The Convention prohibits the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other artificial structures and any deliberate disposal at sea of vessels, aircraft, etc. except in accordance with the Convention provisions.

 

The Commonwealth Protection (Sea Dumping) Act 1981 of the Commonwealth gives effect to the Convention and came into operation on 6 March 1984. Under the Commonwealth Act, the Commonwealth Minister may declare that the Act does not apply in relation to coastal waters of the State if the Minister is satisfied that the laws of the State make provision for giving effect to the Convention in relation to its coastal waters.

 

The Environment Protection (Sea Dumping) Act 1984 was enacted so that equivalent State law would govern the dumping of wastes in coastal waters. The Act was not brought into operation due to protracted negotiations with the Commonwealth concerning the administrative arrangements for its operation and the application of the Act to the placement of artificial fish reefs.

 

This amending Bill seeks to address various issues raised by the Commonwealth concerning consistency of the South Australian legislation with the Commonwealth legislation. Once consistency is achieved, administrative arrangements between the State and the Commonwealth will be finalised.

 

The Bill addresses the timing of the imposition or variation of conditions of permits to dump; the publication of information in the Gazette relating to permits; the removal of any time limit on prosecutions for offences against the Act; expansion of the evidentiary provision relating to evidence of analysts; and an increase in the fine that can be imposed for an offence against the regulations.

   

(August 4, 17, 18, October 14 - Act No. 74 of 1993)

 

EVIDENCE (PROTECTION OF CONFIDENTIAL INFORMATION) AMENDMENT BILL

 

The Bill seeks to protect a journalist from being cited for contempt of court for refusing to disclose the identity of a person who has provided that journalist with confidential material.

   

(August 11, 18 - Lapsed due to Prorogation)

 

MOTOR VEHICLES (DRIVING WHILST DISQUALIFIED - PENALTIES) AMENDMENT BILL

 

This Bill seeks to establish two penalty levels for the offences of "drive while licence suspended" and "drive while disqualified from holding or obtaining a licence".

 

A person's licence may be suspended as a result of incurring 12 or more demerit points under the Points Demerit Scheme, or a person may be disqualified for a breach of learner or probationary conditions. Alternatively, the person may be disqualified by order of a court.

 

At the present time the Motor Vehicles Act 1959 makes no distinction between a first time offender and a person who repeatedly and deliberately drives while suspended or disqualified.

   

(August 4, 17, October 14 - Act No. 73 of 1993)

 

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES (CONSISTENCY WITH COMMONWEALTH) AMENDMENT BILL

 

The Pollution of Waters by Oil and Noxious Substances Act 1987 incorporates into State legislation annexes I and II of the International Maritime Organisations International Convention for the Prevention of Pollution from Ships. The Act mirrors similar Commonwealth legislation and applies to the territorial seas adjacent to the State and waters within the limits of the State.

 

The Bill has four objectives:-

 

1.

To remove the definition of and references to "harbour master". The title of "Port Manager" is now used throughout the State.

 

2.

This Bill reduces the allowable instantaneous rate of discharge from cargo spaces of oil tankers from 60 litres per nautical mile to 30 litres per nautical mile when oil tankers comply with certain requirements and are not within a special area, and are more than 50 miles from the nearest land.

 

3.

The third objective of this Bill is to require Australian ships of 400 gross tons or more and Australian tankers with a gross tonnage of less than 400, but not less than 150, to keep on board a shipboard oil pollution emergency plant.

 

4.

The final objective is to expand existing requirements for the evidence of an analyst and clarify the details to be included on an analystís certificate for it to be admissible as evidence in any proceedings for an offence against the provision of the Act.

   

(October 14 - Lapsed due to Prorogation)

 

RESIDENTIAL TENANCIES (HOUSING TRUST) BILL

 

This Bill proposes to bring the South Australian Housing Trust under the jurisdiction of the Residential Tenancies Act. Previously, the Trust has been exempt from the provisions of the Residential Tenancies Act and has dealt with its tenants on an internal basis. Serious legal matters such as evictions were dealt with in the Supreme Court. The new jurisdiction will make dispute resolution easier and more efficient for both the Trust and its tenants.

 

For operational, legislative and policy reasons, the Trust will retain a handful of exemptions to specific sections under the Act, and some sections have been modified to accommodate normal Trust practices and procedures established under the Trustís own legislation.

 

The Trust will be required to give adequate notice of termination in accordance with specific grounds, such as the need to move a tenant to alternative accommodation, which will be established by regulation under the Trustís own legislation.

 

Finally, the opportunity is being taken to include a provision in the Act that allows for appointment of a standing deputy to the head of the Residential Tenancies Tribunal.

   

(September 9, October 19, 21 - Act No. 78 of 1993)

 

ROAD TRAFFIC (BREATH ANALYSIS) AMENDMENT BILL

 

The purpose of this Bill is to remove the requirement that the police facilitate the taking of a sample of a driver's blood at a hospital or surgery when so requested to do so by the driver following a positive breath analysis. About one in four drivers request a blood test following a reading on a breath analysing instrument that exceeds the prescribed limit.

 

When a request is made for the blood sample at a random breath testing station, the RBT site will usually be forced to close down as it will lack the personnel to be maintained. Two police officers are required to escort the driver to a hospital or surgery where the blood sample can be taken. This procedure wastes police resources, is costly to the police and to the driver who must pay for the sample to be taken and for his or her portion of blood to be analysed.

 

Any driver who registers the prescribed alcohol concentration from a breath analysis will still be able to contest the accuracy of the breath analysis by analysis of a blood sample, but in future will have to make his or her own arrangements to attend at a hospital or surgery for the taking of the blood sample. The police will no longer be obliged to attend with the driver. These drivers will be handed a card with precise instructions on what procedures must be followed, together with a sealed blood test kit. The police will, however, still be required in certain circumstances to provide assistance with transportation arrangements for drivers outside the metropolitan area who request a blood analysis after a positive breath test, since it may be difficult for such drivers to make their own transportation arrangements. Provision is also made for registered nurses to be able to take blood samples for the purposes of these provisions outside the metropolitan area.

   

(August 24, September 7, October 19 - Act No. 86 of 1993)

 

PRINCE ALFRED SHIPWRECKED MARINERS FUND (TRANSFER AND REVOCATION OF TRUSTS) BILL

 

This Bill will enable trust moneys of approximately $230,000 in the Prince Alfred Shipwrecked Marinersí Fund to be made available to reduce debt associated with the sail training vessel "One and All".

 

The Prince Alfred Shipwrecked Marinersí Fund was created by order of the Supreme Court in 1926 as a charitable trust to provide for the relief of poor, shipwrecked or injured mariners, or their families, who had some link with South Australia. Its purpose was to apply the proceeds of the sale in 1924 of the Prince Alfred Sailors Home. The home had been operated by a non-profit incorporated association from premises near the Port Adelaide Courthouse and Police Station. The sale, and the creation of the fund, were part of the winding-up of the association.

 

The money was ordered by the court to be held in trust by the Public Trustee, to be paid out on the order of a Board of Management consisting of the Mayor of Port Adelaide and several officials whose duties were connected with the regulation of the port and of coastal navigation in South Australia.

 

The Prince Alfred Shipwrecked Marinersí Fund has outlived its purpose. The only remaining member of the Board of Management is the Mayor of Port Adelaide.

 

Since 1989, the sail training vessel "One and All" has been largely under the control of the Treasurer, as the result of rights exercised under a shipís mortgage when the operations of the vessel encountered financial difficulties. In the same year, the Sailing Ship Trust of South Australia was formed, for the charitable purpose of taking over the operation of the vessel for the people of South Australia.

 

The present trustees of the Sailing Ship Trust have arranged to settle the debt to the State in relation to the "One and All" for $150,000, which the Treasurer has accepted. That leaves the Trust with credit commitments of approximately $360,000, some of which is secured by shipís mortgage, and the majority of which is supported by personal guarantees.

 

A proposal was developed that the funds standing to the credit of the Prince Alfred Shipwrecked Marinersí Fund be transferred to the Sailing Ship Trust of South Australia, to reduce its debt.

   

(October 19, 21 - Act No. 80 of 1993)

 

SOUTH AUSTRALIAN FILM CORPORATION (ADMINISTRATION) AMENDMENT BILL

 

A review into the Corporation will result in a new organisational structure being created. Adoption of the review recommendations does require some amendment to the Act to improve operational efficiency and accountability of the members of the Corporation. Hence, an amendment is made to increase the overall size of the membership of the Corporation from six to ten. Present legislation does not clearly identify responsibility for the administration of the Act. An amendment gives the Corporation power to appoint a Chief Executive Officer and provides for the Chief Executive Officer to report to the Corporation.

 

Provisions are inserted in the Act relating to conflict of interests and Corporation membersí duties of honesty and care in the same form as provisions made in recent Acts establishing statutory corporations.

   

(October 7, 19, 21 - Act No. 79 of 1993)

 

STATUTES AMENDMENT (ATTORNEY-GENERALíS PORTFOLIO NO. 2) BILL

 

This Bill makes a number of amendments to Acts within the Attorney-Generalís portfolio.

 

1.

Legal Practitioners Act
An earlier amendment to the Act provided for the professional indemnity insurance scheme to be authorised by the Attorney-General rather than promulgated in the Regulations. A consequential amendment is made to remove the reference to the Regulations.

 

2.

Trustee Act
Amendments are made which authorise a trustee to invest trust funds -

   

(a)

on first legal mortgage of an estate in fee simple in land in any State or Territory of the Commonwealth or of a perpetual lease (granted under a law of this State or the equivalent of such a lease granted under the law of any other State, or a Territory, of the Commonwealth);

   

(b)

on deposit with any bank authorised by a law of the Commonwealth or of any State or a Territory of the Commonwealth, to carry on the business of banking.

   

A further amendment inserts the common fund of the National Australia Trustees Limited into a list of authorised investments.

 

3.

Trustee Companies Act
The Bill includes the IOOF Australia Trustees as a trustee company authorised to operate in this State.

   

(October 12, November 2 - Act No. 92 of 1993)

 

STATUTES AMENDMENT (ATTORNEY-GENERALíS PORTFOLIO NO. 2) BILL (NO. 2)

 

This Bill makes a number of amendments to Acts within the Attorney-Generalís portfolio.

 

1.

Criminal Law (Sentencing) Act
An amendment is made to enable the Director of Public Prosecutions or a defendant to call a matter back on before a sentencing judge where an administrative mistake is discovered in the sentence.
Amendments are made to provide that the cost of issuing a notice of disqualification be added to the amount in respect of which the person or company is in default.

 

2.

Jurisdiction of Courts (Cross-Vesting) Act
An amendment is made to reflect the fact that the Australian Capital Territory now has its own legislation dealing with cross-vesting.

 

3.

National Crime Authority (State Provisions) Act
The National Crime Authority has identified a number of miscellaneous amendments required to the South Australian legislation. The most significant provided that a member of the Authority issuing a summons or notice may include a notation to the effect that disclosure of information about the summons or notice is prohibited except in certain circumstances. Another amendment creates an offence if disclosure is made contrary to the notation. The other amendments to the Act are largely of a procedural nature.

 

4.

Summary Offences Act
An amendment prohibits the possession of body armour without lawful excuse.

 

5.

Wrongs Act
The amendment ensures that the defence of volenti non fit injuria will no longer be available against minors.

   

(October 12, November 2 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (LANDLORD AND TENANT) ACT AMENDMENT BILL

 

This Bill amends the Landlord and Tenant Act 1936 and the Statutes Amendment (Shop Trading Hours and Landlord and Tenant) Act 1990, so as to retain beyond 22 November 1993, and to vary, existing controls on trading hours covenants in commercial tenancies covered by Part IV of the Landlord and Tenant Act.

   

(October 19, 20 - Act No. 81 of 1993)

 

STATUTES AMENDMENT (ABOLITION OF COMPULSORY RETIREMENT) BILL

 

This Bill amends various State Acts to remove references to compulsory retiring ages in accordance with the Report of the Working Party Reviewing Age Provisions in State Acts and Regulations. The Working Party identified a number of provisions in Acts where age is used as the basis for retirement. Some provisions deal with the strict employment relationship, while others relate to membership of boards and so on.

 

This Bill also makes an amendment to the Equal Opportunity Act to prevent the Equal Opportunity Tribunal from granting an exemption to an employer who wishes to impose a compulsory retirement age on his or her employees.

   

(August 4, 17, 18, October 14 - Act No. 75 of 1993)

 

STATUTES REPEAL AND AMENDMENT (PLACES OF PUBLIC ENTERTAINMENT) BILL

 

This Bill repeals the Places of Public Entertainment Act 1913 and makes provision in other legislation for a limited number of sections in the repealed Act which it has been thought necessary to continue.

 

The Places of Public Entertainment Act was first introduced to protect the public from injury through fire in picture theatres. As such, it established a licensing regime for theatre firemen and for projectionists who were, at that time, handling flammable nitrate film. It is proposed that this regulation will cease as modern technology has made such controls redundant. Controls are deregulated in respect of patrons in drive-in theatres and the regulation of operating laws on Sunday, Christmas Day and Good Friday with the exception of operating laws for the Adelaide Showgrounds where regulations will be set under relevant legislation prohibiting trading on Sunday before 10.00 a.m.

 

A public order power previously vested in the Minister of Consumer Affairs will be placed under the jurisdiction of the Police Commissioner pursuant to existing provisions in the Summary Offences Act.

   

(August 4, 18, 19, 24, October 14, 19 - Act No. 87 of 1993)

 

STATUTES REPEAL (INCORPORATION OF MINISTERS) BILL

 

This Bill flows as a consequence of the amendments made by the Administrative Arrangements Bill 1993. The Minister of Agriculture Incorporation Act 1952, the Minister of Lands Incorporation Act 1947 and the Treasurerís Incorporation Act 1949 are all repealed by this Bill as they are now unnecessary.

 

The Acts were required at the time as the Administration of Acts Act 1910 did not allow for the incorporation of a Minister. As the Ministers in each instance were required to perform a number of duties, a separate Act was necessary.

   

(October 20 - Lapsed due to Prorogation)